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Number
of Promulgation: |
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No. 43 of the Standing Committee of the |
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Shenzhen Municipal People' s Congress |
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Date
of Promulgation: |
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February 26, 1997 |
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Date
of Taking Effect: |
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September 1, 1997 |
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Public Notice of the
Standing Committee
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of the Shenzhen
People' s Congress
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(No. 43)
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Some Rules of the
Shenzhen Special Economic Zone on Implementation of Teachers Law
of the People'
s Republic of China was adopted at the
Thirteenth Meeting of the Standing Committee of the Second
Shenzhen Municipal
People' s Congress on February 26, 1997, now
is promulgated and will take effect as of September 1, 1997. |
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The Standing Committee of the Shenzhen |
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People' s Congress |
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Some Rules of the
Shenzhen Special Economic Zone on Implementation
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of Teachers
Law of the People' s Republic of China
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(Adopted
at the Thirteenth Meeting of the Standing Committee of the
Second Shenzhen Municipal People'
s Congress) |
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Article 1 In
order to implement Teachers
Law of the People' s Republic of China (hereinafter
referred to as "Teachers Law" ), protect the rights and
interests of teachers, enhance
the quality of teachers, and
promote the educational development, these rules are hereby
formulated
in compliance with the practical conditions of the
Shenzhen Special Economic Zone (hereinafter referred to as
"the Special Zone" ). |
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Article 2
These rules shall apply to the teachers who undertake
educational teaching, research work
as their profession at various schools
and other educational institutions sponsored by the people' s
governments at the various levels in the Special Zone. |
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Article 3 The
administrative department of education of the Shenzhen Municipal
People' s Government (hereinafter
referred to as "the
municipal educational department" ) shall be the responsible
department for
teachers' work of the Shenzhen Municipality.
The administrative departments of education of the district
people' s governments (hereinafter referred to as "the
district educational department" ) shall administer
teachers'
work within the districts under their jurisdiction in accordance
with their authority. |
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The related departments of the municipal people' s
government shall be in charge of the work related to teachers
in
accordance with their functions. |
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In compliance with the related regulations, schools and
other educational institutions shall administer teachers'
work
themselves according to law. |
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Article 4 The
people' s governments at various levels shall take measures to
enhance the political and professional
quality of teachers,
improve the conditions of their work and living, protect their
legal rights
and interests, and raise their social status. |
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The people' s governments at various levels shall
encourage social organizations and individuals to honor teachers
and appreciate education in various ways. |
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Article 5 Teachers
shall perform the obligations stipulated by the state' s
Teachers Law, abide by professional
ethics, guarantee teaching
quality, and accept continuing education. |
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Article 6 The
Special Zone shall put a system of teacher' s qualifications
into practice. |
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The teachers who undertake educational teaching, research
work at various schools and other educational institutions
sponsored by the people' s governments at various levels in the
Special Zone shall possess a teacher'
s qualifications. |
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Article 7 The
following basic conditions shall be required in order to obtain
a teacher' s qualifications: |
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(1)
devotion to education, the high level of ideological and
moral standards as well as of professional ethics; |
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(2)
the corresponding academic credentials or meeting the
standards by passing the Shenzhen municipal test for a
teacher' s qualifications; |
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(3)
the corresponding competence in educational teaching. |
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The
teacher may obtain a teacher' s qualifications by apply and
taking the |
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examination. |
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Article 8 The
following academic credentials and other conditions shall be the
minimum requirements for applying
to have a teacher' s
qualifications: |
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(1)
the kindergarten teacher shall possess the academic
credential of school for teachers of preschool children; |
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(2)
the primary school teacher shall possess the academic
credential of senior normal school; |
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(3)
the middle school teacher or the teacher of literacy
courses, professional courses at middle professional school,
technical school and vocational high school shall possess the
academic credential of regular normal
college; |
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(4)
the fieldwork instructor at middle professional school,
technical school and vocational high school shall possess
the
academic credential stipulated by the administrative department
of education of the national
government and also have a
professional title equivalent to or higher than that of engineer
or
a technical title equivalent to or higher than that of
technician. |
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(5)
the college and university teacher shall possess the
academic credential of graduate school |
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(6)
the teacher of adult education for certificates shall
possess the corresponding academic credential of (3), (4),
(5)
of this article according to the level of adult education; the
teacher of adult education without
certificates shall possess
the academic credential of professional training college or a
technical
title equivalent to or higher than that of technician. |
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Article 9 Graduates
from non-normal colleges or universities may obtain a |
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teacher' s
qualifications by taking the examination. |
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The municipal educational department shall regularly
organize, according to the needs, the examination for
teacher' s qualifications open to the public of the society,
and issue certificates to qualifiers. |
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The municipal educational department shall establish the
examination committee for teacher' s qualifications, and
build
up the examination question bank for teacher' s qualifications. |
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The requirements for taking the examination, the subjects
of the examination, the outline of the examination and
the
criteria shall be reported to the administrative department of
education of the State Council. |
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Article 10 The
person who does not possess the academic credentials stipulated
by these rules but has one of
the following conditions may
obtain a teacher' s qualifications after the confirmation has
been
done by the educational department: |
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(1)
the male older than 50 or the female older than 45 who
has taught more than 20 years and proved to be competent in
teaching; |
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(2)
the person who has already been appointed as a teacher of
middle level or higher; |
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(3)
the teacher of special profession or with special skills. |
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Article 11 The
teachers who have been transferred to Shenzhen from other places |
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shall
have a teacher' s qualifications and also take the
Shenzhen Municipality' s examination for teacher employment. |
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Article 12 The
municipal educational department shall confirm the related
teachers' qualifications in accordance
with the related
regulations of the state and these rules, and issue the
certificates of teacher'
s qualifications to qualifiers. |
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Article 13 The
first-time employee shall be on probation for 1 year and obtain
a teacher' s qualification only
after the confirmation or proof
of being qualified by the examination. |
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Article 14 The
Special Zone shall have a system of teaching positions. |
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The specific measures concerning teaching positions'
establishment, duties, requirements, examination and evaluation,
etc. shall be formulated by the Municipal People' s Government. |
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Article 15 Schools
and other educational institutions shall have a system of
teaching positions' appointment. |
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Schools and other educational institutions shall appoint
teachers on the basis of competitive selection in accordance
with the needs of educational teaching work as well as the
principle of impartiality, justice,
and openness. |
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Article 16 A
teacher' s appointment shall follow the principle of equality
between both parties, schools, other
educational institutions,
and teachers shall sign appointment contracts to specify both
parties'
rights and obligations. |
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Article 17 Schools,
other educational institutions, and teachers shall strictly
abide by appointment contracts. |
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If schools and other educational institutions want to
dismiss a teacher during the term of appointment, they shall
explain the reason 3 months in advance and also report to the
educational department at the higher
level for approval. |
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Article 18 The
teacher who falls into one of the following situations shall be
dismissed: |
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(1)
proving to be unqualified in an academic year assessment; |
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(2)
proving to be basically qualified in two consecutive
academic year assessments; |
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(3)
proving to be basically qualified in an academic year
assessment and refusing to accept on-the-job training or
continuing to be unqualified after training; |
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(4)
being absent from work without leave or failing to return
for more than 10 days after leave is up or accumulatively
for
more than 20 days in one academic year; |
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(5)
seriously violating the discipline and law; |
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(6)
committing to a breach of an appointment contract and
deserving a dismissal. |
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Article 19 If
a school or another educational institution has committed a
breach of |
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an
appointment contract and infringed on an appointed teacher' s
legal rights, the appointed teacher
may terminate the contract
according to law or ask the educational department to order the
school
to continue to fulfill the contract. |
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Article 20 The
rules on administration and move of the teachers who do not have
any appointment or have been
dismissed shall be formulated by
the Municipal People' s Government. |
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Article 21 The
average salary level of teachers shall be higher than that of
public servants of the state,
a system of regular promotion and
pay raise for teachers shall be established. |
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The teachers of middle and primary schools shall enjoy
seniority allowance, class advisor allowance, special education
allowance, special grade teacher allowance. |
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For the teachers of remote border regions, the local
people' s governments shall use their discretion to offer
allowance. |
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Article 22 The
people' s governments at various levels shall give precedence
and preference to construction,
distribution, lease, and sale of
residences for teachers. Under the same circumstances, teachers
shall take precedence over the others in residence distribution;
teachers shall enjoy preference in residence
purchase. As for
the specific conditions of precedence and specific amount of
preferential price,
they shall be decided by the municipal
government. |
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Article 23 The
municipal educational department, district educational
departments shall regularly organize
physical examinations for
teachers, the schools with enough resources may make
arrangements for
teachers to convalesce. |
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Article 24 The
benefits of social insurance for the teachers who have retired
or resigned shall be stipulated
by the Municipal People' s
Government. |
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Article 25
Teacher-education shall be strengthened, the input into
teacher-education shall be increased, and
the outstanding young
people shall be encouraged to enter normal colleges and
universities. |
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The students of normal colleges and universities shall be
exempt from tuition and enjoy also specialty scholarships. |
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The students of normal colleges and universities shall do
educational teaching after graduation, the term of such
service
shall not be less than 10 years. |
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Article 26 The
municipal educational department, district educational
departments, various schools and other
educational institutions
shall formulate training plans, provide political, professional
training
for teachers in various ways. |
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The municipal institutions of educational training shall
do training primarily for the whole city' s teachers of
middle
schools, the district institutions of educational training shall
do training primarily for
teachers of primary schools,
kindergartens. |
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Article 27 The
types of training for teachers shall be as follows: |
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(1)
pre-job training for new teachers; |
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(2)
on-the-job training for teachers transferred to the
Special Zone; |
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(3)
continuing educational training for teachers in
employment; |
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(4)
training of fundamental theories on education and
teaching for graduates of non-normal specialty; |
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(5)
other special professional training. |
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Article 28 The
municipal educational department shall specify subjects and
hours |
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of
various types of training for teachers in accordance with the
needs. The scores and appraisal
of training shall be used as one
of grounds for teacher' s appointment, promotion of
professional
and technical positions. |
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Article 29 The
municipal, district people' s governments shall set a special
fund for teachers' training,
integrate it into educational
expenditure, and use the fund for specified purposes only. |
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Article 30 The
teachers who have high grade professional title and assume the
leadership of schools or other
educational institutions may
enjoy one month of academic activities of specialty or special
project
every two years. |
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Article 31 The
educational departments shall strengthen educational exchange
and cooperation both at home and
abroad, create conditions for
teachers, educational teaching and research people to do study
and
advanced studies. |
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Article 32 The
municipal educational department shall formulate measures on
teachers' assessment, strengthen
the direction and supervision
of the work of teachers' assessment. |
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The contents of teachers' assessment shall include
moral integrity, capability, diligence, and achievements, the
stress shall be on teaching achievements. |
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The assessment shall be divided into ordinary assessments
and academic year assessment, the academic year assessment
shall
have four grades: outstanding, qualified, basically qualified,
not qualified. |
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Teachers themselves shall be informed of the result of
their assessments, which shall be placed on their professional
files as a ground for their appointment, promotion, and
punishment. |
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Article 33 The
municipal, district people' s governments shall commend and
reward the teachers who have made
extraordinary contributions. |
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Article 34 If
a teacher has a complaint about the decision on the following
items, an appeal shall be made
to the municipal educational
department, district educational departments: |
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(1)
appointment to or dismissal from a teaching position; |
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(2)
teachers' training; |
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(3)
the result of academic year assessment; |
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(4)
the reward and punishment of teachers; |
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(5)
salaries and welfare benefits; |
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(6)
the other
matters about teachers' administration. |
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Article 35 The
municipal educational department, district educational |
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departments
shall, according to their respective authority of
administration, accept appeals of
teachers against schools or
other educational institutions, the appeals which do not fall
into
their authority shall be transferred to the departments
which have jurisdiction, and the appealing parties shall
be
informed at the same time. |
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Article 36 The
municipal educational department, district educational
departments shall determine the corresponding
functional
institutions or special personnel to process teachers' appeals
according to law. |
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The educational department shall make a reply within 30
days after accepting a teacher' s appeal. |
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The appealing teacher shall be informed of the reply and
settlement of the appeal. |
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Article 37 If
a teacher believes that the related administrative department
the local people' s government
has infringed on his/her legal
rights, an appeal shall be made to the people' s government at
the
same level or the related departments of the Shenzhen
Municipal People' s Government, which shall make a settlement. |
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Article 38 The
administering of the teachers who engage in educational
teaching, research at schools or other
educational institutions
not sponsored by governments shall be done by taking these rules
for reference. |
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Article 39 These
rules shall take effect as of September 1, 1997. |
